Jewett v. Keenholts
New York Supreme Court
This was an appeal from a judgment entered upon the report of a referee. The action was brought for entering the plaintiff’s premises, and cutting and carrying away a quantity of rye. It appeared upon the trial, that Simon Grote died, in September, 1848, seised of a valuable farm, and possessed of personal property to a very small amount; that he left a will, by which, after directing the payment of his debts, he devised his farm to his son Henry Grote.
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This was an appeal from a judgment entered upon the report of a referee. The action was brought for entering the plaintiff’s premises, and cutting and carrying away a quantity of rye. It appeared upon the trial, that Simon Grote died, in September, 1848, seised of a valuable farm, and possessed of personal property to a very small amount; that he left a will, by which, after directing the payment of his debts, he devised his farm to his son Henry Grote. The will was proved in February, 1849, and Abraham Grote, another son of the testator, was appointed administrator with the will annexed.…
1Opinion of the Court
By the Court; Harris, J.
Simple contract debts, by the common law, are not recoverable in any shape out of the land of a deceased debtor; but the laws of this state make the real estate of the debtor a fund for the payment of debts, on a deficiency of personal assets.. Upon application to the surrogate, at any time within three years, and showing that the personal estate is insufficient to pay the debts of the decedent, that officer is authorized to direct a sale of real estate, and that the avails be applied in satisfaction of debts. Such an order may be made, whether the land is in the hands…
2Cases cited6 opinions
- Watkins v. Lessee of HolmanSupreme Court of the United States · 1842
- Lane v. KingNew York Supreme Court · 1832
- Shepard v. PhilbrickNew York Supreme Court · 1846
- Aldrich v. ReynoldsNew York Court of Chancery · 1846
- Matthews v. MatthewsNew York Court of Chancery · 1833
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In re the Judicial Settlement of the Account of Proceedings of DoyleAppellate Division of the Supreme Court of the State of New York · 1917
- Fonda v. ChapmanNew York Supreme Court · 1880
- Smith v. SoperNew York Supreme Court · 1884
- White v. KaneThe Superior Court of New York City · 1885
- White v. KaneThe Superior Court of New York City · 1885